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Synopsis

The Delhi High Court on Monday restrained a Ghaziabad-based pizza outlet named ‘Dominick Pizza’ from using a deceptively similar and identical trademark as ‘Domino’s Pizza'.

The court was hearing a trademark infringement suit filed by Domino’s, seeking an injunction against Dominick Pizza, having three outlets, two in Ghaziabad and a third in Punjab.

Justice Pratibha M. Singh while deciding the matter, barred 'Dominick Pizza from advertising or selling any products under the variant name 'Cheese Burst' and 'Pasta Italiano,' or any other marks similar to Domino's registered trademarks, and listed the matter for hearing on November 24.

Court also ordered the domain names of ‘Dominick Pizza' to be suspended.

On perusal of the records, Court noted that the defendants have been using the name 'Dominick Pizza,' which is  identical to the historical name of the Domino's store. The Court while taking note of the history of Domino's stated that the name "Dominick" is integrally and historically associated with Domino's, and that the use of an identical name in a similar logo form for pizzas would be confusing and deceptive in nature. Consequentially, the practice was held to be severe tarnishment and dilution of Domino's marks and businesses.

The court also stated that the defendants' dishonesty in adopting a similar name is strengthened by the fact that they are copying various flavor variants of Dominos as well. The same was substantiated by the customer reviews on Google, where it revealed that people placed Zomato orders with the defendant believing it to be the plaintiff. 

"The manner in which Defendant No. 1 is listed on various social media platforms and online ordering platforms leaves no doubt in the Court's mind that Defendant No. 1's name and business are being confused as that of the Domino's outlets," the court noted.

The Court believed that the balance of convenience lies in favour of the plaintiff, and thus granted an ex-parte ad interim injunction in favor of Domino's.

Case Title: Dominos IP Holder LLC & Anr. v. MS Dominick Pizza & Anr.